Mandatory Mediation in South Africa: Access to Justice or Barrier to the Courts?
Can mediation be required before citizens are allowed their day in court? In this episode, we explore the controversial 2025 judicial directive in Gauteng, South Africa, which made mediation a mandatory step before civil cases can proceed to trial.
Supporters argue that mandatory mediation can reduce court backlogs, save time, and promote faster dispute resolution. Critics, including the Personal Injury Plaintiff Lawyers Association, contend that the requirement imposes additional costs, delays access to justice, and may violate constitutional rights.
Drawing on international best practices, we examine how countries around the world balance court efficiency with the fundamental right to a fair hearing. We discuss the legal principles behind voluntary dispute resolution, the safeguards needed for mandatory mediation systems, and the broader implications for litigants, lawyers, judges, and policymakers.
Will South Africa's courts uphold the directive as a necessary reform, or strike it down as an unconstitutional barrier to justice? Join us as we unpack one of the most important debates in modern dispute resolution and civil justice reform.